O'Sullivan v P & O Maritime Services Pty Ltd [2016] FCA 969

FEDERAL COURT OF AUSTRALIA

O'Sullivan v P & O Maritime Services Pty Ltd [2016] FCA 969 Appeal from: O'Sullivan v P & O Maritime Services Pty Ltd [2016] AATA 283

File number(s): WAD 132 of 2016

Judge(s): SIOPIS J

Date of judgment: 9 August 2016

Catchwords: APPEAL – the applicant's application for compensation dismissed by the Administrative Appeals Tribunal - pursuant to s 42A(5)(b) of the Administrative Appeals Tribunal Act 1975 (Cth) for failure to comply with a direction – whether the Tribunal afforded the applicant procedural fairness

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33(2), 42A(5)(b), 44 Seafarers Rehabilitation and Compensation Act 1992 (Cth) s 67(2)

Cases cited: Guse v Comcare (1997) 49 ALD 288

Date of hearing: 9 August 2016

Registry: Western Australia

Division: General Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 13

Counsel for the Applicant: The applicant appeared in person.

Counsel for the Respondent: Mr E Heenan

Solicitor for the Respondent: Holman Fenwick Willan

ORDERS WAD 132 of 2016

BETWEEN: MICHAEL O'SULLIVAN Applicant

AND: P & O MARITIME SERVICES PTY LTD Respondent

JUDGE: SIOPIS J DATE OF ORDER: 9 AUGUST 2016

THE COURT ORDERS THAT:

1. The appeal is allowed and the order made by the Administrative Appeals Tribunal (Tribunal) pursuant to s 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) on 11 March 2016 (Order) dismissing the applicant's application before the Tribunal (AAT Application) be set aside. 2. The matter be remitted to the Tribunal, differently constituted, to be determined according to law. 3. The respondent is to pay such of the applicant's disbursements incurred in relation to this appeal as are recoverable. 4. By 4:00 pm on 23 August 2016, the applicant file and serve a bill of disbursements, which the applicant claims were incurred in relation to this matter and are recoverable from the respondent. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.